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I work administratively for a Florida state certified

swimming pool contractor. I just...
I work administratively for a Florida state certified swimming pool contractor. I just noticed that I mistakenly listed a customer's spouse on the Notice of Commencement and she is the one who had it notarized. (The husband is the only one listed as an owner. The wife is not listed as an owner on the property.) It has already been recorded with the county clerk. Should I record a Notice of Termination of Notice of Commencement and have the owner sign a new one? Beyond being personally embarrassed, it may look bad on the contractor, but we need to keep everything above board and legal. Thank you!
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Answered in 4 minutes by:
3/22/2018
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,784
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Yes, you need to go to the customer and explain the issue and get them to sign a new notice of commencement and terminate the previous one. The current one you have signed would be defeated in court, so it does you no good if the signing spouse is not the property owner. So you need to explain mistakes happen and take responsibility for the mistake and tell them you need to correct it and apologize for the inconvenience. MOST customers appreciate honesty and will understand it. Either way, you have to get it done to have a valid lien though.

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Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,784
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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